Knowles v. Exeter Manufacturing Co.
Supreme Court of New Hampshire
Case, for negligence. Trial by jury and verdict for the plaintiff. Transferred from the October term, 1913, of the superior court by Chamberlin, J., on the defendant’s exceptions to the denial of a motion for the direction of a verdict in its favor and to the exclusion of certain evidence.
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Case, for negligence. Trial by jury and verdict for the plaintiff. Transferred from the October term, 1913, of the superior court by Chamberlin, J., on the defendant’s exceptions to the denial of a motion for the direction of a verdict in its favor and to the exclusion of certain evidence. The evidence tended to show that the defendant, being in possession of two stables, one on either side of a private way which was-used as an approach to both, let the stable next to the blind end of’ the way to one Young. Young permitted the plaintiff to keep her' horse in the stable, and it was her habit…
1Opinion of the CourtPeaslee, J.
The defendant has argued its motion for a directed verdict as though the excluded evidence of Young’s consent to leaving the ditch unguarded had been admitted. But the case cannot be disposed of on that theory. The evidence is not in the case. If it had been admitted it might have been contradicted, so that the plaintiff could still have gone to the jury upon the theory that no such fact existed. The motion must be decided upon the evidence as it stands.
The claim that the plaintiff was only a licensee upon the premises is not supported by the facts. There was much more than bare toleration of…
2Cases cited3 opinions
- West v. PoorMassachusetts Supreme Judicial Court · 1907
- Heinlein v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1888
- Jones v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1912
3Cited by3 opinions
- Locke v. PayneSupreme Court of New Hampshire · 1924
- Hunkins v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1933
- Public Service Co. v. ElliottCourt of Appeals for the First Circuit · 1941